As used in this article unless the context requires otherwise:
(1) "Adoptee" means a person who is proposed to be or who has been legally adopted.
(2) "Adoption" means the judicial act of creating the relationship of parent and child where it did not exist previously.
(3) "Adoptive parent" means an adult who has become a parent of a child through the legal process of adoption.
(4) "Child" means any person under eighteen years of age.
(5) "Child placing agency" or "agency" means the State Department of Social Services and any person or entity who holds legal or physical custody of a child for the purpose of placement for adoption or a person or entity who facilitates the placement of children for the purpose of adoption. For the purposes of this subsection, a person or entity who offers services for compensation where the intent of those services is to arrange or secure adoptions must be considered "facilitating the placement of children for adoption", whether those services constitute counseling, referrals, searches, or any other form of adoption services. However, an attorney engaged in the practice of law who represents a client in an adoption or who otherwise facilitates an adoption in the course of that practice is exempt from this definition.
(6) "Consent" means the informed and voluntary release in writing of all parental rights with respect to a child by a parent for the purpose of adoption, or the informed and voluntary release in writing of all custodial or guardianship rights, or both, with respect to a child by the child placing agency or person facilitating the placement of the child for adoption where the child's parent previously has executed a relinquishment to that agency or person.
(7) "Court" means any family court in this State.
(8) "Relinquishment" means the informed and voluntary release in writing of all parental rights with respect to a child by a parent to a child placing agency or to a person who facilitates the placement of a child for the purpose of adoption and to whom the parent has given the right to consent to the adoption of the child.
(9) "South Carolina resident" means a person who has established a true, fixed principal residence and place of habitation in this State, and who intends to remain or expects to return upon leaving without establishing residence in another state. Temporary absences for short periods of time do not affect the establishment of residency.
(10) "Special needs child" means children who fall into one or more of the following categories:
(a) children who are members of a sibling group;
(b) children of mixed racial heritage;
(c) children aged six or older; or
(d) children with physical, mental, or emotional disabilities.
HISTORY: 2008 Act No. 361, Section 2.
Structure South Carolina Code of Laws
Title 63 - South Carolina Children's Code
Section 63-9-20. Legislative purpose.
Section 63-9-40. Jurisdiction; venue.
Section 63-9-50. Children who may be adopted.
Section 63-9-60. Persons who may adopt.
Section 63-9-70. Advertising prohibited to place or accept child for adoption; exception; penalties.
Section 63-9-310. Persons who must give consent or relinquishment.
Section 63-9-320. Persons not required to give consent or relinquishment.
Section 63-9-330. Form and content of consent and relinquishment.
Section 63-9-340. Signing consent and relinquishment.
Section 63-9-350. Withdrawal of consent or relinquishment.
Section 63-9-360. Consent and relinquishment certification.
Section 63-9-370. Adoption of a child in the custody of the Department of Social Services.
Section 63-9-510. Temporary placement and custody of adoptee.
Section 63-9-520. Investigations and reports.
Section 63-9-710. Petition for adoption; use of fictitious names.
Section 63-9-720. Appointment of guardian ad litem.
Section 63-9-730. Notice of adoption proceedings.
Section 63-9-740. Itemized accounting of disbursements.
Section 63-9-750. Final hearing.
Section 63-9-760. Effect of final decree.
Section 63-9-770. Attacks on final orders; appeals.
Section 63-9-780. Confidentiality of hearings and records.
Section 63-9-790. Amended birth certificates.
Section 63-9-810. State interest; purpose of registry.
Section 63-9-910. Foreign adoptions.
Section 63-9-920. Effect of foreign decrees of adoption.
Section 63-9-1110. Adoption by stepparent or relative.
Section 63-9-1120. Adult adoption.
Section 63-9-1310. Declaration of purpose.
Section 63-9-1330. Department of Social Services to administer program.
Section 63-9-1340. Children's Bureau transferred; monitoring placements.
Section 63-9-1350. Department of Social Services to obtain accreditation.
Section 63-9-1360. Birth parent informational brochure; waiting period.
Section 63-9-1370. Adoption services fees.
Section 63-9-1510. Statewide adoption exchange.
Section 63-9-1700. Short title.
Section 63-9-1720. Definitions.
Section 63-9-1730. Program established.
Section 63-9-1740. Notice to adoptive parents.
Section 63-9-1750. Eligibility criteria.
Section 63-9-1760. Eligible children.
Section 63-9-1770. Adoptive parents; nature of supplemental benefits.
Section 63-9-1780. Eligibility for supplemental benefits.
Section 63-9-1790. Review of decisions.
Section 63-9-1800. Benefits to substitute caregivers.
Section 63-9-1810. Authority to promulgate regulations.
Section 63-9-2000. Compact authorized.
Section 63-9-2010. Compact contents.
Section 63-9-2020. Additional provisions.
Section 63-9-2030. Medical assistance identification.
Section 63-9-2040. Compliance with federal law.
Section 63-9-2200. Compact enacted.
Section 63-9-2210. Financial responsibility for children.
Section 63-9-2220. "Appropriate public authorities" defined.
Section 63-9-2230. "Appropriate authority in receiving state" defined.
Section 63-9-2240. Agreements with other compact states.
Section 63-9-2250. Visitation, inspections by agreement.
Section 63-9-2260. Out-of-state placements.
Section 63-9-2270. Placement of delinquent children.
Section 63-9-2280. "Executive head" defined.
Section 63-9-2290. Promulgation of procedures governing interstate adoptive and foster care.